You have the right to remain silent, and anything you say can and will be used against you in a court of law. Have you ever heard this phrase? Other than being popular on television dramas, it is part of the Miranda rights that should be spoken to every person who comes under arrest. Despite this, sometimes we do not remain silent. What if a confession or other recorded comment is being used against you or a loved one in which a person has been charged with a drug crime?
There are criminal defenses that can be used when a confession, or partial confession, has been utilized as evidence for the prosecution when one is accused of a drug crime. When one has submitted a verbal admission of guilt, it can be damaging evidence, but it is not impossible to overcome if the confession was made in error. In fact, not all confessions are an admission of guilt at all. A confession can actually be used to prove that a person is, in fact, not guilty of the crime they are accused of committing.
One such criminal defense strategy in cases of admissions of guilt is what's known as an "admit and explain" story. In this criminal defense strategy, for example, let's say a person confessed to being around the area in which a drug crime was committed. Admitting that you were in the area does not, in and of itself, mean that you are guilty of that crime. If you have an explanation for why you were in the area or meeting a person who is a known drug dealer, it could prove a person's innocence rather than their guilt when it is explained exactly what the accused was actually doing at that time.
Different than an alibi, admitting and explaining a confession can help those judging a person accused of a crime to see their innocence. This means that a confession is not always as damning as one may originally think. Certain confessions are not even admitted into evidence if there is any evidence of coercion. While instances of coerced confessions are rare, it is not to be overlooked by any means.
Source: FindLaw.com, "Criminal Defense Strategies," Accessed August 21, 2017